a. Unlawful Educational Practices.
1. Admission. It shall be an unlawful educational practice for any person to deny admission, or to impose different terms or conditions on admission, on the basis (in whole or in part) of such individual’s sexual orientation.
2. Services. It shall be an unlawful educational practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any service or program offered by an educational institution on the basis (in whole or in part) of such individual’s sexual orientation.
3. Facilities. It shall be an unlawful educational practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any facility owned or operated by an educational institution.
4. Advertising. It shall be an unlawful educational practice for any person to make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to an educational institution which indicates that such institution engages in, or will engage in, unlawful educational practices.
b. Subterfuge. It shall be an unlawful discriminatory practice to do any of the acts mentioned in this section for any reason which would not have been asserted, wholly or partially, but for the sexual orientation of any individual.
c. Exception. It shall not be an unlawful discriminatory practice for a religious or denominational institution to limit admission, or give other preference to applicants of the same religion.
* Editor’s note: the previous edition of this code included two sections numbered 49.75. For convenience and to allow the two sections to be distinguished, in this edition of the code this second § 49.75 is designated “49.75[.1].”